Courts

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The 2024 edition also includes an overview of authorities involved in the appointment of court presidents and prosecutors, as well as up dated information on the composition of national councils for the judiciary and an overview of the powers of national bodies involved in the prevention of corruption, with a specific focus on asset disclosure.

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That being said, the 2024 EU Justice Scoreboard has an important role in the continuous effort to promote dialogue between Member States and enhance the rule of law across the European Union.

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The 2024 EU Justice Scoreboard has also been further developed to reflect the need for additional comparative information identified during the preparation of the 2023 Rule of Law Report, so as to support forthcoming Rule of Law Reports, including in the area of the fight against corruption.

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So far, the reforms and investments proposed by Member States have exceeded these targets, with an estimated digital expenditure at 26% and climate expenditure at about 40%.

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In 2022, there were two Member States (PL and HU) with country specific recommendations related to judicial independence.

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A study has found a strong correlation between a reduction in the length of court proceedings (measured in disposition time (32)) and the growth rate of the number of companies (33), and that a higher percentage – by 1% – of companies perceiving the justice system as independent correlates with higher firms’ turnover and greater productivity growth (34).

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The 2024 TSI call for proposal included a Flagship Technical Support Project on “Reinforcing Democracy and the Rule of Law“, with the objective of strengthening the capacity of national authorities with the ensuing enhancement of their judicial systems as well as improving the quality and efficiency of justice systems.

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With a total budget of around EUR 305 million for the period 2021-2027, the justice programme supports the further development of the European area of Justice based on the rule of law including the independence, quality and efficiency of the justice system, based on mutual recognition and mutual trust, and on judicial cooperation.

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In 2023, procedural law continued to be an area of particular focus in many Member States, with a significant amount of ongoing or planned legislative activity.

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The momentum from preceding years on legislation for the use of information and communication technologies (ICT) con tinued in 2023.

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The ‘disposition time’ indicator is the number of unresolved cases divided by the number of resolved cases at the end of a year multiplied by 365 (days) (46).

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Figures 7 and 9 show the disposition time in 2022 in civil and commercial litigious cases, and administrative cases at all court instances.

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IT: the temporary slowdown of judicial activity due to strict restrictive measures to address the COVID-19 pandemic affected the disposition time.

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When the clearance rate is around 100% or higher, it means the judicial system is able to resolve at least as many cases as come in.

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When the clearance rate is below 100%, it means that the courts are resolving fewer cases than the number of incoming cases.

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(*) Past values for some Member States have been reduced for presentation purposes (IT in 2012=279.8%); Methodology changes in EL and SK.

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A sixth area was added last year, to include data on anti-corruption proceedings, and this has been solidified with another year of data (49).

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For business in particular, administrative delays and uncertainty in some cases can lead to significant costs and undermine planned or existing investments (50). – Competition – The effective enforcement of competition law is essential for an attractive business environment as it ensures a level playing field for businesses.

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(*) The results for all three years (2020, 2021 and 2022) have been updated in light of an agreement between all Member States on when do they consider a case to be opened.

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IT: In 2022, nine proceedings opened by the Italian Competition Authority (three under Article TFEU and six under Article 102 TFEU) are not taken into account because they closed with undertakings.

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Money laundering can discourage foreign investment, distort international capital flows and negatively affect a country’s macroeconomic performance, resulting in welfare losses, thereby draining resources from more productive economic activities (57).

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The Anti-money laundering Directive requires Member States to maintain statistics on the effectiveness of their systems to combat money laundering and terrorist financing (58).

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Corruption is a particularly serious crime with a cross-border dimension addressed in Article 83(1) of the Treaty on the Functioning of the European Union that can only be effectively tackled by common minimum rules across the European Union.

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On 3 May 2023, the Commission put forward a proposal for a Directive on combat ing corruption by criminal law; accompanied by a joint communication on the fight against corruption (59).

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This shows the effect of the measures taken by Member States to make their systems more resilient to future disruptions and to address the immediate problems created by the years of the COVID-19 pandemic.

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In the broad ‘all cases’ and the litigious civil and commercial cases’ categories (Figures 10 and 11), the overall number of Member States whose clearance rate is over 100% remained the same as last year.

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Summary on the efficiency of justice systems Efficiency in specific areas of EU law Data on the average length of proceedings in specific areas of EU law (Figures 16-23) provide an insight into the functioning of justice systems in concrete types of business-related disputes.

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Finally, the 2024 Scoreboard provides insight on the efficiency of the overall enforcement chain, which is important for a positive business and investment environment.

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The 2024 EU Justice Scoreboard continues to examine factors that are generally accepted as relevant for improving the quality of justice.

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For example, if the threshold for legal aid appears to be at 20%, it means that an applicant with an income 20% higher than the Eurostat poverty threshold for their Member State will still be eligible for legal aid.

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EL: Beneficiary of legal aid is a person whose capital annual income does not exceed the 2/3 of the lowest annual salaries as provided by the existing legislation.

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Given that conditions for legal aid depend on the applicant’s situation, the following scenario was used: a single 35-year-old employed applicant without any dependant or legal expenses insurance, with a regular income and a rented apartment.

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To take account of the economic differences between Member States the added value of the fee and exepense were divided by the comparative price level indices expressed in percentage where the EU average is 100%, DK is 149% and BG is 59% (73).

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The police found cash and 12 resealable plastic bags on him, each containing 5 grams of the green vegetable matter resembling marijuana.

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In this context, the European Commission committed in its Strategy for the Rights of Persons with Disabilities 2021-2030 to support Member States in boosting the participation of persons with disabilities as professionals in the justice system and collect good practices on supported decision-making (79).

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CZ: “National Plan for the Promotion of Equal Opportunities for Persons with Disabilities for the Period 2021-2025” is in place, as adopted by the Government, which expressly supports the employment of persons with disabilities in the public sector, which includes also courts.

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FR: For candidates with disabilities, special arrangements may be put in place, such as additional time or special arrangements for preparing or carrying out the tests (Article 34-1 of Decree No 72-355 of 4 May 1972 on the National School of the Judiciary).

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(*) Data on training is not reported for: IE, EL, FR, LU, PL, BE: Special chambers in the French-speaking and Dutch-speaking Company Courts of Brussels (1st instance) and the Brussels Court of Appeal (2nd instance) have exclusive jurisdiction of in collective redress actions.

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MT: Art 8 of the Representative Actions (Consumers) Act (Cap.635) provides the procedure for representative actions including how consumers can join a representative action.

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By virtue of Article 19(1) TEU, Member States have to ensure that both their courts as a whole and the individual judges are independent in the fields covered by Union law.

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Bonuses that are regularly paid to all staff irrespective of their personal circumstances are included (for example 13th salary that is paid without exception to staff in the court/public pros ecution).

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The ratio was calculated against the Eurostat indicator ‘Average full time adjusted salary per employee’, nama_10_fte, for 2022.

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The category of judicial staff in courts of first instance did not exist in Romania in 2022, hence no data is provided for that category.

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EL: since 2016, data on the number of professional judges include all the ranks for criminal and civil justice as well as administrative judges.

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Member States were given 1 point if they have initial training and 1 point if they have continuing training (maximum of 2 points for each type of training) on the topics displayed above.

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The COVID-19 pandemic has highlighted a number of challenges affecting the functioning of the judiciary and showed the need for the national justice systems to further improve their digitalisation.

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As an nounced in the Commission’s Communication on the digitalisation of justice in the EU of 2 December 2020 (91), the Scoreboard has been substantially augmented with further data on digitalisation in the Member States.

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Adequate infrastructure and equipment is also needed for secure electronic communication between courts/prosecution services and legal professionals and institutions (Figures 45 and 46).

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For each criterion, one point was given if courts and prosecution services, respectively, use a given technology and 0.5 point was awarded when the technology is not always used by them.

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Appropriate arrangements for publishing judicial decisions online are essential for creating user-friendly search facilities (99) that make case-law more accessible to legal professionals and the general public, including persons with disabilities.

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In many countries, the law or practice requires the anonymisation or pseudonymisa tion (101) of judicial decisions before publication, either systematically or upon request.

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While in 5 Member States the procedures take place only in courts and in 2 Member States it is carried out only by notaries, in 13 Member States a part of the procedure is before courts and part before notaries.

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The number of ways used to promote ADR methods is still lower for administrative disputes than for other disputes but has also increased since 2023.

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There are 7 Member States that increased their expenditure as a percentage of GDP in 2022 (a slowdown compared to 2021) while 22 Member States marked an increase in expenditure per capita.

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Furthermore, 20 Member States provide training on the use of social media and communication with the media (slight increase from last year), and 13 raise awareness and provide training on dealing with disinformation (a slight decrease from last year).

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However, in 11 Member States, defendants and victims do not have possibilities for following or pursuing their case electronically.

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Nevertheless, hierarchical judicial organisation should not undermine individual independence (Recommendation CM/Rec(2010)12, para.

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In previous years the sample size was 200 for all Member States except for DE, ES, FR, PL and IT, where the sample was 400.

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They must, in particular, be such as to preclude not only any direct influence, in the form of instructions, but also types of influence that are more indirect and that are liable to have an effect on the decisions of the judges concerned (118).

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European standards have been developed, particularly by the Council of Europe, for example in the 2010 Council of Europe Rec ommendation on judges: independence, efficiency and responsibilities (119).

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The Supreme Judicial Council is now composed of 15 members, 8 of which are judges elected by their peers, 5 of them are members elected by the National Assembly (without the possibility of electing prosecutors or investigative magistrates in these positions), and 2 of them are the Presidents of the Supreme Cassation Court and Supreme Administrative Court.

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The first plenary session of the Judicial Council, comprising all of the judges of Ireland, was held on 7 February 2020.

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This includes a process of evaluation of the candidates and a body having the authority to select and/or appoint judges in accordance with the standards established in the 2010 Recommendation (131).

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If a candidate is not appointed, an important safeguard is the obligation to provide reasons (135) and the possibility for a judicial review of the decision (136).

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On 3 May 2023, the Commission presented a Communication on the fight against corruption, and a proposal for a Directive on combating corruption by criminal law (139).

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However, figures 60 and 62 do not differentiate on the basis of this personal scope, only verifying if any aspect of the asset declaration system has one of the indicated elements included.

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Declarants are obligaed to declare movable property (except for household items and clothing) exceeding an individual threshold of 398 000 EUR.

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python scripts/verify_primary_public_claim_group.py artifacts/cb7k_dom048_t07_primary_claims.json --source-file <local-raw-pdf>

HR: Declarations of Members of the Commission for the Resolution of Conflic of Interest have to be provided additionally 12 months after leaving office.

Evidence card JSONRendered card

Download the PDF to a local file, then run the committed verifier. A changed PDF is reported as drift rather than silently accepted.

python scripts/verify_primary_public_claim_group.py artifacts/cb7k_dom048_t07_primary_claims.json --source-file <local-raw-pdf>

Members of Parliament are obliged to inform their Chairman of any change affecting their declaration within 30 days; Councillors and Members of Government are obliged to issue a new declaration in the event of a change.

Evidence card JSONRendered card

Download the PDF to a local file, then run the committed verifier. A changed PDF is reported as drift rather than silently accepted.

python scripts/verify_primary_public_claim_group.py artifacts/cb7k_dom048_t07_primary_claims.json --source-file <local-raw-pdf>

Whatever the model of the national justice system or the legal tradition in which it is anchored, European standards provide that Member States take effective measures to guarantee that public prosecutors are able to fulfil their professional duties and responsibilities under appropriate legal and organisational conditions (147) and without unjustified interference (148).

Evidence card JSONRendered card